CPJ condemns two Venezuelan media laws

December 21, 2010 4:39 PM ET

New York, December 21, 2010--President Hugo Chávez Frías must veto two laws regulating the Internet and telecommunications that could promote further censorship and seriously limit freedom of expression in Venezuela, the Committee to Protect Journalists said today. Both provisions were passed on Monday by the National Assembly.

"These reforms, passed without any debate, are a clear
attempt by the Venezuelan government to further its clampdown on critics and independent
media,"said Carlos Lauría, CPJ's
senior program coordinator for the Americas. "We condemn these laws and believe
that if they are not vetoed, Venezuela's democracy and freedom of expression
will suffer serious setbacks."

It only took a week for the Venezuelan legislature to approve
a reform of the 2004 Law on Social Responsibility in Radio and Television that expanded
existing broadcast regulations to the Internet. The new
law bans messages that "incite or promote hatred," "foment citizens'
anxiety or alter public order," "disrespect authorities," "encourage
assassination," or "constitute war propaganda," according to Article 8. It
also curbs electronic media content according to the time of the day, with
adult content reserved for shows after midnight, including violent or sexual
content and soap operas--and news images of violence.

Internet media must now "establish mechanisms to restrict,
without delay, the dissemination of messages" that could break the law, according
to a review of the law by CPJ. The National Telecommunications Commission (CONATEL), the government regulator, can
now restrict information and access to websites in violation. Digital media
that violate the law can be fined up to 13,000 bolivars (US$3,000), while
service providers that fail to respond to government inquiries could be fined
up to "10 percent of the previous year's gross income," in addition to "72
hours of continuous suspension of services."

The Social Responsibility law, passed in
2004, has been widely criticized by press freedom advocates for its broad and
vaguely worded restrictions on free expression. Article 29, for example, bars
television and radio stations from broadcasting messages that "promote,
defend, or incite breaches of public order" or "are contrary to the security
of the nation." CPJ research shows that Venezuelan broadcasters have
cancelled critical news programming to comply with the law.

The legislature, where the official party has an absolute
majority, also approved
a reform of the telecommunications law that declared television and radio
airwaves to be of "public service and interest," a decision that critics said
is aimed at expanding government control over the media. The legislation
shortens broadcast concessions from 20 to 15 years, according to the reform,
which was examined by CPJ. It gives CONATEL authority to pull the license of
any broadcaster that violates the law more than once, which could force the only
remaining critical private network, Globovisión, off the air. The network is
facing a series of
politically motivated investigations. Known for its strident antigovernment
views, Globovisión has been the only critical private network broadcasting
since RCTV went off
the air in May 2007.

(A controversial
amendment that would have forced owners of all TV and radio stations to
re-register with CONATEL in person was stripped from the bill.)

Venezuelan journalists and press freedom advocates have
strongly opposed both laws, asserting that the government will use them to
further crackdown on media freedom. On Sunday, Chávez defended the social
responsibility reform, arguing it was aimed at protecting citizens from
cybercrimes.

This week, the National Assembly will also debate a bill for
the protection of political freedom and national self-determination that,
according to free press advocates, will limit funding and activities by
Venezuelan nongovernment organizations, including human rights groups.
According to the bill, NGOs that invite to Venezuela a foreigner who criticizes
the government could be fined or even banned. The provision could seriously
deter the work of press freedom NGOs, advocates said.

Chávez's allies are trying to pass several bills before
January 5, when a newly elected legislature takes office, according to local
news reports. The ruling party lost its absolute majority in the September
legislative elections. On Friday, the National Assembly gave Chávez the power
to rule by decree for 18 months. The Venezuelan president said he is seeking
these powers to help flood victims, but critics said the move is intended to further
his political agenda.

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